A few weeks ago, I spoke with my sister about a cousin. My sister said, “Like most young people, our cousin lives for the here and now instead of planning for the future.” This was also the case with my uncle. After leaving his home in Dominica, he worked as a boat deckhand. When he moved to St. Thomas in the USVI, he earned money doing various odd jobs until he settled and became a painter. He was a very good painter and worked on various construction projects around the Island. He was considered self-employed, and although he did not have a business, he took jobs as a contracted laborer painting homes and various buildings. This was not a steady income, however, he worked, and he lived a simple life doing what he enjoyed. Despite living the life of a bachelor, my uncle never planned for his future, lived his life carefree, and did not plan for his golden years. In this blog, I will provide suggestions for Legal Planning for People with Dementia.
In the early months of the COVID-19 pandemic, I noticed my uncle’s peculiar behavior and realized he needed assistance. During that time my father was released from the hospital and assigned a social worker. Although we were visiting the social worker for my father’s care plan, he asked the social worker for directions in getting assistance for my uncle. The social worker referred us to Adult Protective Services at our local Human Services Department. Through their guidance, I was able to set my uncle up with various programs within Human Services such as Meals on Wheels, Supplemental Nutrition Assistance Program (SNAP) for food, Medicaid, and Personal Care Attendant Program for Home Care. Additionally, I was able to seek assistance and executed a Power of Attorney to deal with health and financial matters for my uncle. This process took more than a year to complete. As the saying goes “A stitch in time saves nine”. Had he been prepared and planned properly, his situation would have been handled easily. Here are a few guidelines that may help with Legal planning for people with dementia.
- Have a conversation
- Begin to formulate a plan or update current plans
- Identify and gather the necessary information and documents
- Seek Assistance
Have A Conversation
During the early stages of dementia symptoms, it is important to consider planning for life events, such as estate planning, before late-stage dementia. Although it may be difficult, it is important to have this conversation and discuss their wishes when they are unable to make decisions themselves. This conversation should include the affected plans for:
- In-home care or Elderly care facilities
- Financial needs
- Health Care
- Pets
- Estate planning
- Creating a Will
- Living Trust
- Power of Attorney
Having the conversation takes the guesswork out of what the person wants and allows for a smoother transition for future financial planning and long-term care.
Begin To Formulate A Plan Or Update Current Plans
Once you have had the conversation, devise an action plan. Family members may have had a plan already in place. Therefore, it is important to review and update plans regularly. These plans may include:
- Preparing for long-term Care and health needs
- Management of Finances
- Property Management
- Designating a person or persons to make decisions on their behalf.
- Deciding for End-of-Life Directive
Identify And Gather The Necessary Information And Documentation
Once you have formulated the action plan, gathering the necessary documents and information to implement/execute the plan is important. The following items must be gathered:
- Legal personal identification information such as legal name, date of birth, place, and social security
- Locate birth and death certificates, marriage, divorce, and citizenship, adoption documents
- Military documents, records, and awards
- Identify all sources of income and assets this should include payroll, social security, rental, and/or business income and
the dates they are received and from whom - Names of banks and account numbers (savings, checking, certificate of deposit)
- Investment income (stock, bonds, money market, retirement accounts) accounts numbers, name and number of investment brokerage
- Insurance policies (car, life, health, home) to include policy numbers, insurance agency, and contact information
- Car title & registration
- Property deeds & trust
- Assess all liabilities including credit cards Loans and mortgage information, and determine the due dates, how they are paid, and to whom.
- Gather personal contact information and addresses this should include spouse, children other close family and friends; doctors, lawyers, and financial advisors
- Gather medical records and current medications
- Identify all social media accounts, email accounts, or any accounts online, and write down the login credentials which include username and passwords
Seek Assistance
Have you heard the term “it takes a village?” You cannot go alone. Once all the necessary information and documentation is gathered, seek assistance, and conduct research. Get advice from trusted friends and colleagues who have been through the situation and consider joining an online chat or social media group. Gain legal advice from professionals. Remember, the main goal is to develop and execute a plan that minimizes issues in the future. This may include:
- Establishing a living will or trust
- Plan for future healthcare
- Executing a power of attorney
Execute The Plan
“Not making a plan is a plan to fail” I have heard many stories of persons taking advantage of the elderly, where the courts appoint guardianship to persons that may not have their best interest at heart however establishing a living will, planning for future healthcare and executing the power of attorney, puts them in the driver’s seat by determining guardianship in handling medical, financial, and legal affairs; in the event they are unable to take care or make independent decisions. Once these documents are in place and executed:
- Secure all documents in one place and make copies.
- Inform someone you know and trust or file it with the Attorney’s office
- Inform loved ones and physicians regarding care plans.
- Grant permission in advance for designated guardian(s) to speak with Attorneys and physicians.
- Review and update plans regularly
Now it is your turn, I invite you to share your comments, suggestions, questions, or experiences.